ADA

Know the FMLA, ADA rules when employee asks for time off to care for disabled relative

10/27/2009

Employees who need to take care of a disabled relative may be eligible for FMLA leave if the disability qualifies as a serious health condition—but only if the employee has worked enough hours to be eligible for FMLA leave. Likewise, employees sometimes think their employers must provide them with reasonable accommodations so they can care for a disabled relative under the ADA’s so-called association clause—that’s simply not true.

Detail concerns before ordering fitness exams

10/13/2009

Under EEOC guidelines, employers can demand a fitness-for-duty exam if they can prove they have a reasonable belief—based on objective evidence—that an employee’s medical condition will impair his or her ability to perform the essential functions of the job or pose a safety threat. If you believe either is the case, make sure you document your objective and reasonable beliefs before demanding the exam.

Helping worker dodge jury duty with medical excuse doesn’t amount to disability

10/13/2009

Here’s a novel twist on the ADA violation of regarding someone as disabled. The 11th Circuit Court of Appeals has ruled that an employer doesn’t necessarily consider an employee disabled just because a manager uses a health-related excuse to help a worker get out of jury duty.

ADA ruling: Coming to work is an essential job function

10/09/2009

A federal trial court has concluded that coming to work is an essential function of one’s job. Therefore, the ADA doesn’t cover disabled employees who can’t meet that basic requirement.

What’s an ADA disability?…. And nine more questions you’d better be able to answer

10/06/2009

The EEOC has issued proposed regulations for enforcing the ADA Amendments Act of 2008 (ADAA), a sweeping law that took effect earlier this year. Among the changes: a new definition of what constitutes an ADA disability. With the EEOC in charge of suing to force compliance, you need to know the answers to these 10 questions.

What’s an ADA disability?…. And seven more questions you’d better be able to answer

10/06/2009

2009 was a watershed year for disability discrimination. The EEOC received a record number of disability-related charges – 21,451. What’s the reason for the spike in discrimination claims? The Americans With Disabilities Act Amendment Act. With the EEOC in charge of suing to force compliance, you need to know the answers to these eight questions.

UPS picks up EEOC ADA lawsuit

10/01/2009

The EEOC has filed a disability discrimination lawsuit against UPS in federal court in Chicago. The suit alleges the package delivery giant consistently refuses to allow disabled workers to take extended medical leave as a reasonable accommodation. The EEOC filing seeks to make the suit a class action.

Updated web site helps bulletproof your accommodation practices

09/30/2009

The ADA requires employers to enter into an interactive process with disabled employees to find accommodations that allow them to perform the essential functions of their jobs. Recently, the federal government updated its Job Accommodation Network (JAN) web site, which employers can use to to find specific accommodation information.

Try ADA process even if disability pay is option

09/28/2009

Some employees who become injured would just as soon keep working. Rather than collect temporary disability payments, they’d rather see whether they can perform another job or otherwise persuade employers to accommodate their injuries. If you face that situation, be careful not to force such employees to go out on disability.

Sedentary work restriction may be disability

09/23/2009

Employees who are unable to perform anything but sedentary work may be disabled under the ADA. That means employers may have to find ways to accommodate them, including finding open positions for them to fill elsewhere within the company.

ADA